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Wow New Mexico

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  • Wow New Mexico

    I work for an electric company as a residential jurnyman. Three weeks ago I was told that we picked up a new contractor and that I was going to be the one on his jobs. I was informed that my pay was to be cut in half on this project. After the completion of each house I'm expose to recieve a bonus, that depends on how fast I get each house completed. I was already in the middle of a solar project and being pushed to get it done so I could move on to this new project. Then when I started the new project I pushed threw going into overtime, 53 hours in totle for that week. When I went to turn in my time my boss said he couldn't pay overtime on the new project. Well now its a week past completing one house and I still havn't recieved a bonus. Is all this legal?????

  • #2
    Are you an employee? Did you file out a W-4? Are taxes withheld from your payments?

    Assuming all of those answers are "yes", then the answer is maybe complicated. There is a federal law called FLSA. That law requires paying at least the federal minimum wage (averaged on a workweek basis) on an overtime premium for all hours worked past 40 in the workweek. FLSA says nothing about your bonus or your normal rate. If you have a federal MW or OT claim, you can make that claim with federal DOL.

    Your state in not my state. I have no idea what what state labor laws (if any) NM has. Maybe NM labor law cares about your bonus and maybe it does not. I do know that it is likely that you could attempt a Common Law claim through small claims court or (via an attorney) through a general court action. The issue is whether NM has DOL for state law wage claims and whether NM cares about claims outside of a MW/OT context (some states do, some states do not).
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      NM does have a wage complaint/claim form but it notes nothing about unpaid bonuses. You might have to file a court action.

      http://www.dws.state.nm.us/pdf/WAGECLAIM-Alb08.pdf
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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